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LIBRARY OF CONGRESS 

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TRADE, 
MARKS 






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Price Tfvonty-five Cents 









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Ti^e Law of Trade-Marks 

of the United States 

and the 

Principal Foreign Countries 



A SUMMARY 



J 

LUTHER L. MILLER 

Attorney and Counselor at Law 

Patent and Trade-Mark Law Exclusively 

1237-8 Monadnock Block 

CHICAGO 



THE LIBRARY OF 
CONGRESS, 

Two Copies Received 

FEB H 1903 

« Copyrignt Entry 

cuss a^ xxc. No 
SI. ^ U o 

COPY B. 



COPYRIGHT 1903 
BY 

Luther L. Miller. 



-V 



.n^ 



^ 






Index. 

Page 

Trade Marks : Their Commercial Importance 5 

Trade Rights in the United States- 7 

Trade Marks in the United States 8 

Statutory Law 10 

The U. S. Revised Statutes 11 

Trade- Marks in Foreign Countries 14 

Trade- Mark Laws of Foreign Countries 17 

Argentine Republic 17 

Australasia , . . . 17 

Austria 18 

Belgium 18 

Brazil 19 

Bulgaria 19 

Canada 20 

Chili 20 

China 21 

Costa Rica 21 

Cuba 21 

Denmark 22 

France 22 

Germany 22 

Great Britain 23 

Greece 24 

Guatemala 24 

Holland 25 

Hungary 25 

3 



/ 



Italy 25 

Japan 26 

Mexico 26 

Netherlands, ( see Holland) 25 

Norway 27 

Peru 27 

Portugal 27 

Russia 28 

Spain 28 

Sweden 29 

Switzerland 29 

Turkey 30 

Uruguay 30 

Venezuela 30 

International Convention for the Protection of Industrial 

Property 31 



Trade^Marks: 

Their Commercial Importance. 

IN building a business, nothing contributes more certainly to 
success than a good trade-mark. Its value is incalcula- 
ble. If it is striking and pleasing, it makes an impression in 
the mind of the purchasing public that long outlives the mem- 
ory of any formal advertisement. 

With a trade-mark, advertising becomes cumulative. 
If the trade-mark is conspicuous in every issue, it links succes- 
sive insertions together in a related series, thus greatly increas- 
ing their force. Furthermore, every article or package bear- 
ing the trade-mark advertises the mark as well as the goods it 
represents. If converts adveriising waste into the by-product, 
'* good will." 

It is the very spirit of advertising. Space in a newspaper 
or magazine is valuable only because what appears there is 
reflected upon the minds of many readers. The impression in 
the public mind is what is sought, and a trade-mark, clear-cut 
and unique, will make that impression in one-half the time 
that commonplace advertising will. 

It is the handle that fits only the product of its owner, and 
therefore should be made easy for the purchaser to grasp and 
retain. 



Trade Rights in the United States. 

TN the United States, manufacturers may distinguish the goods 
they make, and dealers the goods they sell from the similar 
goods of their competitors by (a) a trade-mark affixed to the 
goods, and {b) a distinctive manner of packaging, or " dress- 
ing " their goods for the market. The rights arising from the 
employment of these methods are recognized by the common 
law, and their invasion prevented by injunction. In addition to 
their common law recognition, trade-marks are also protected 
by statute, and may be registered in the Patent Office. One 
or both of these rights usually constitute a considerable portion 
of that accumulated force, — the momentum, — of a business, 
known as its good will. They may be said to be the crystalli- 
zation of such good will. 

The invasion of rights acquired under a trade-mark is 
known as infringement, and the simulation of packages, adver- 
tising, etc., as unfair competition. 

Registration in the Patent Office of a United States trade- 
mark is not absolutely necessary, but is advisable in almost 
every case. The character of the mark and its date of adop- 
tion are prima facie shown by registration, and such registration 
has a wholesome effect in deterring simulation. Prior registra- 
tion in this country is essential to protection of the trade-mark 
abroad. 



Trade Marks 



Trade=jyiorks in the United States. 

A trade-mark may be a fanciful or arbitrary word, symbol 
or device, and ordinarily must be attached directly to the goods 
to which it relates or to the package containing them. For 
domestic trade some artful word forms a good trade-mark, but 
for foreign commerce a bold and striking design or symbol, 
appealing equally to all nationalities is preferable. A figure 
slightly grotesque is perhaps best remembered by the public, 
but it of course should not be displeasing. 

Ownership in a trade-mark is acquired in the United 
States by mere (prior) adoption and use. It may be protected 
by registration in the Patent Office. A mark may be accom- 
panied by the words "Trade- Mark" even though it has not 
been registered. 

A manufacturer may adopt a trade-mark to indicate the 
origin, ownership and character of the articles he manufactures. 
A publisher has exclusive rights in the name of his publication, 
provided the same conforms to the requirements of trade- 
marks generally. A merchant may adopt a trade-mark to de- 
note his skill in selecting the goods he sells, to give them his 
guaranty of their character and quality. 

A trade-mark cannot comprise descriptive or deceptive 
words or geographical names, though the latter, when wholly 
arbitrary and fanciful in their application, may be registered. 
Neither can it consist in the name of the applicant merely. 
Descriptive words cannot be monopolized, for the reason that 
all persons are at liberty to employ the English language to 
describe the goods in which they deal, and no one should be 



Make Advertising Cumulative 



granted a monopoly in any word commonly in use. A geo- 
graphical name cannot be exclusively appropriated, for the 
reason that other dealers in the territory designated by such 
name may truthfully apply the same term to their goods. A 
person cannot register his own name as a trade-mark, to the 
exclusion of others of the same name, but one's signature, 
or his name combined with arbitrary matter is registrable. 

Though a descriptive word may not be monopolized as a 
trade-mark, one suggestive of the character or quality of the 
goods may be used, some of the most familiar trade-marks 
being suggestive of the nature or composition of the articles 
which they designate, — for example, the word " Cottolene," 
employed by the N K. Fairbank Company to designate a sub- 
stitute for lard, composed of cotton-seed oil and the products of 
beef fat. This trade-mark was held in N. K. Fairbank Com- 
pany vs. Central Lard Company, 64 Fed. Rep., 133, not so 
descriptive of the substance and qualities of the goods it repre- 
sents that it cannot be used as a trade-mark. " Valvoline," 
used for an oil for lubricating valves, was held in Leonard et al 
vs. White's Golden Lubricator Company, 38 Fed. Rep. 922, to 
be sufficiently arbitrary to constitute a good trade-mark. 

The name under which a patented article becomes gen- 
erally known cannot be appropriated, and after the expiration 
of the patent the public has a right not only to make the pat- 
ented article, but to designate it by the name adopted by the 
patentee. The name of the manufacturer, however, must ap- 
pear with sufficent prominence so that the public shall not be 
deceived as to the maker. The Singer Sewing Machine case 
is a leading case on this point. The same doctrme was also 
applied in the Castoria case. 



10 Trade Marks 



Statutory LaW. 

The Federal trade-mark laws are based upon that clause 
of the constitution which provides that " Congress shall have 
power to regulate commerce with foreign nations and among 
the several states and with the Indian tribes." The Federal 
trade-mark statutes of 1870 and 1876 were not limited in their 
application to trade-marks used in commerce with •' foreign na- 
tions and among the several states and with the Indian tribes," 
and therefore were held by the United States Supreme Court 
in the Trade-Mark Cases, 100 U. S. 82, decided Nov. 17, 
1879, to be unconstitutional and void. The present law, en- 
acted March 3, 1881, provides for the registration of trade- 
marks used in commerce with foreign nations or with the In- 
dian tribes, omitting all reference to those used in interstate 
commerce. Congress at some time probably will amend the 
present statute to cure this omission. These interstate trade- 
marks, however, are protected by the laws of the several states, 
nearly every state of the Union having a trade-mark statute. 
Delaware, Georgia, Idaho, Illinois, Indiana, Iowa, Louisiana, 
Maine, Maryland, Massachusetts, Michigan, Minnesota, Mis- 
souri, Montana, New Hampshire, New Jersey, Ohio, Oklahoma, 
Tennessee, Utah and Wisconsin have laws providing for the 
registration of trade-marks and for the punishment by fine or 
imprisonment of infringers. Some of the other states have 
statutes providing for the punishment of infringers but not for 
registration. 



Keep Competitors at a Distance 11 



The United States Revised Statutes. 

A trade-mark may be registered in the Patent Office at 
Washington by any person, firm or corporation domiciled in the 
United States or located in any foreign country which by treaty, 
convention or law affords similar privileges to citizens of the 
United States, and who is entitled to the exclusive use of any 
trade-mark, and uses the same in com.merce with foreign na- 
tions or Indian tribes. 

A trade-mark may also be registered by any citizen or 
resident of this country wishing protection of his trade-mark 
in any foreign country, the laws of which require registration in 
the United States as a condition precedent. 

No trade-mark will be registered unless it is used as such 
by the applicant in commerce between the United States and 
some foreign nation or Indian tribe, or is within the provisions 
of a treaty, convention or declaration with a foreign power, nor 
which is merely the name of the applicant, nor which is identi- 
cal with a known or registered trade-mark owned by another 
and appropriated to the same class of merchandise, nor which 
so nearly resembles some other person's lawful trade-mark as 
to be likely to cause confusion in the mind of the public or to 
deceive purchasers, nor which is merely descriptive in its na- 
ture, nor which is primarily geographical. 

Registration of a trade mark is prima facie evidence of 
ownership. Any person who reproduces, counterfeits, copies 
or colorably imitates any trade-mark registered under the laws 
of the United States, and affixes the same to merchandise of 
substantially the same descriptive properties as those described 



12 Trade Marks 

in the registration, is liable to an action on the case for dam- 
ages for the wrongful use of such trade-mark at the suit of the 
owner thereof ; and the party aggrieved has his remedy accord- 
ing to the course of equity to enjoin the wrongful use of such 
trade-mark and to recover compensation therefor in any court 
having jurisdiction over the person guilty of such wrongful act. 
Courts of the United States have original and appellate juris- 
diction in such cases without regard to the amount in contro- 
versy. 

No action or suit can be maintained when the trade-mark 
is used in any unlawful business or upon any article injurious in 
itself, or which mark has been used with the design of deceiv- 
ing the public in the purchase of merchandise, or under any 
certificate of registry fraudulently obtained. 

No article of imported merchandise that copies or simu- 
lates the name or trade-mark of any domestic manufacture or 
manufacturer, or that bears a name or mark which is calculated 
to induce the public to believe that the article is manufac- 
tured in the United States, shall be admitted to entry at any 
custom-house of the United States. And in order to aid the 
officers of the customs in enforcing this prohibition, any domes- 
tic manufacturer who has adopted trade-marks may require his 
name and residence and a description of his trade-marks to be 
recorded in books kept for that purpose in the Department of 
the Treasury. 

The certificate of registry remains in force for thirty years 
from its date, except in cases where the trade- m.ark is claimed 
for and applied to articles not manufactured in this country and 
in which it receives protection under the laws of a foreign coun- 
try for a shorter period, in which case it ceases to have any 



Win Public Favor 13 

force in this country when such trade- mark ceases to be exclu- 
sive property in any other country. 

At any time during the six months prior to the expiration 
of the term of thirty years, said term of registration may be 
renewed for a like period. 

The right to the use of any trade-mark is assignable by an 
instrument in writing. This instrument may be recorded in 
the Patent Office, if it is in the English language and such 
trade-mark has been registered or an application for its regis- 
tration filed. 

Printed copies of registered trade-marks maybe obtained. 



I 



14 Trade Marks 



Trade=Marks in Foreign Countries. 

While in the United States the ownership of trade-marks 
is acquired by mere adoption and use, in almost all other coun- 
tries registration is necessary to protect the mark, and owner- 
ship of it, in these countries, depends upon the registration, 
and continues only so long as such registration is kept in force. 
The system conferring exclusive ownership upon the first per- 
son to register the mark makes possible what is called '• usurpa- 
tion of trade-marks," that is to say, the unauthorized registra- 
tion of the trade-mark of another person for the purpose of 
blackmail. Usurpation of trade-marks is quite common in 
foreign countries. 

In the United States, many of the most valuable trade- 
marks consist in a word or words so distinctive in character 
that they appeal forcibly to both eye and ear. In certain coun- 
tries, however, such words cannot, under the local law, be reg- 
istered as lawful trade-marks, but in most of these countries 
the provisions of the International Convention permit the regis- 
tration of such words if first registered as a trade-mark in the 
country of origin (paragraph 3, page 32 herein). Words de- 
scriptive of the nature, quality, origin or destination of the 
goods to which they are applied are not, under the laws of any 
country, lawful trade-marks. Words more or less remotely 
suggestive of these, however, are sometimes registrable, the 
practice regarding the registrability of suggestive words varying 
in the different countries. Marks contrary to public morals, 
deceptive marks, those already registered in the particular 
country, or those nearly resembling a mark previously regis- 



Imply E^xcellence in Goods 15 

tered in such country, and the name of a person, firm or corpora- 
tion doing business in said country, which name the applicant 
cannot lawfully use, are likewise not registrable in any country. 
In most countries the color or form given to an article or to the 
package containing it, portraits of the ruling sovereign or of mem- 
bers of the royal family, and representations of the public arms 
or of the flag of the country, are not registrable as trade- marks. 

In all countries only the actual user, or, one registering the 
mark preparatory to using it, is properly entitled to registration. 
Marks may be registered by persons, firms or corporations. 
Provision is made in the laws of nearly every country for the 
registration of the trade-marks of citizens of other countries, 
provided, usually, such other countries have enacted reciprocal 
laws. In order for a foreigner to obtain registration, it is in 
most countries necessary for the applicant to prove that he is 
the owner of such mark in his own country, and this proof is 
usually made by filing a certified copy of the registration in the 
country of origin. This is practically the only way for a for- 
eigner to prove ownership of a trade-mark, and therefore if a 
trade-mark is not registrable in his own country he will not be 
able, as a general rule, to protect it in foreign countries. 

In countries where ownership depends upon and is proved 
exclusively by registration, priority between rival contestants 
for the same or substantially the same mark is determined by 
the dates of the respective applications for registration. The 
date of adoption or the length of time the mark has been in act- 
ual use in the country where registration is sought is not con- 
sidered. Under the International Convention the applicant for 
registration of a trade-mark in any of the countries of the Union 
is entitled to four months from the date of application in his 



16 Trade Marks 

home country within which to apply for registration in all other 
countries of the Union (paragraph 2, page 31 herein). During 
this period of four months his trade-mark rights in the coun- 
tries of the International Union are safe from usurpation. 

In a few countries, namely, Belgium, Canada, Italy, Mex- 
ico and Spain, registration continues indefinitely. In most 
countries, however, registration is limited to terms, usually of 
from ten to fifteen years, at the expiration of which the regis- 
tration may be renewed from term to term indefinitely, but if 
registration is not renewed all rights of the owner in the trade- 
mark are lost. In the United States the term of registration 
is thirty years, and even though not renewed, title to the mark 
still remains in the original owner, provided the trade-mark has 
not been abandoned. In several countries the term of regis- 
tration expires on the expiration of registration in the country 
of origin. 

In most foreign countries registration of the trade-mark is 
necessary before its owner can bring suit for its infringement. 
The rights of the owner of a registered mark, however, are 
vigorously enfored by the courts, wilful infringers of such rights 
being punished not only by the assessment of heavy damages, 
but frequently by fine and imprisonment. 

In most countries a trade-mark is transferable only with 
the business upon which it is based. Trade-names of individ- 
uals and firms are almost universally protected independently 
of trade-mark laws and without registration. In many coun- 
tries all goods imported are required to be marked with the 
name of the country where made, and usually in such countries 
falsely marking goods in this particular is punishable. 



Build Up *• Good Will*' 1 r 



The Trade=Marii, LaWs of 
Foreign Countries. 

In the following pages the laws of the principal foreign 
countries have been briefly set forth, but owing to lack of space 
a full and detailed exposition of the law of any country has not 
been attempted. 

Argentine Republic. 

Term of registration, ten years, renewable. 

Trade-marks upon manufactures or articles of commerce 
may be registered, legal title to the trade-mark being obtained 
only by registration. Marks used by the State, the form or the 
color of products, and terms in general use are not registrable. 
Foreign trade-marks may be registered only by the owners 
thereof or their duly authorized agents. Priority is determined 
by the date of application for registration. Upon such applica- 
tion a preliminary examination is instituted, and registration 
withheld if a prior anticipating mark is found. Counterfeiting 
a trade-mark is punishable by fine or imprisonment. 



Australasia. 

The colonies of New Zealand, Queensland, South Austra- 
lia, Tasmania, Victoria and Western Australia all have trade- 
mark laws almost identical with that of Great Britain. Terms 
of registration, fourteen years, renewable. 



18 Trade Marks 

In New South Wales any distinguishing mark is registra- 
ble as a trade-mark, except those already registered or shown 
to be the property of another, or so closely resembling some 
other mark as to be mistaken for it. Term of registration in- 
definite. 

A ustria. 

Term of registration, ten years, renewable. 

Exclusive ownership in a trade-mark is obtained by regis- 
tration. If the mark is not registered in Hungary within three 
months, registration in Austria will be canceled. Priority is 
determined by the date of application for registration. An ex- 
amination is made upon application, and the applicant notified 
if a similar mark for the same class of goods has previously 
been registered. Notice of the application is also given to the 
owner of such similar mark. The unauthorized use of a trade- 
mark is punishable by fine or imprisonment or both. 



'Belgium. 

Term of registration, perpetual. 

The law provides that all signs serving to distinguish the 
products of an industry or objects of commerce are registrable 
as trade-marks. The first user of the mark is alone entitled 
to registration, and such registration is necessary to sustain a 
claim of ownership. Registration is granted without examina- 
tion, but may be declared null and void if it is obtained by one 
not entitled to receive it. The unauthorized use of a regis- 
tered mark is punishable by fine or imprisonment or both. The 



Smooth the Way for the Purchaser 19 

penalty is increased for repeated offenses, and the law pro- 
vides for confiscation of goods and the destruction of counter- 
feit marks. 

"Brazil 

Term of registration, fifteen years, renewable. 

Any distinctive mark, symbol or name may be registered 
with the following exceptions : Coats of arms or insignia, either 
public or private, domestic or foreign, unless expressly author- 
ized. Registration may be nullified by proof of an earlier use 
of the mark, but the action for such nullification must be 
brought within six months after the date of registration. Regis- 
tration is a necessary prerequisite to legal ownership, and the 
question of priority between conflicting claims is determined 
by the respective dates of applications for registration. The 
trade-mark must be used in commerce within three years from 
the date of registration. Infringement of the rights of the 
owner of the trade-mark is punishable by fine and imprison- 
ment. 

Bulgaria. 

Term of registration, ten years, renewable. 

Registration is necessary to protect the trade-mark. Any 
distinguishing mark or name may be registered. The portrait 
of the sovereign and his family, the royal arms, or mere num- 
bers and letters are unregistrable. Upon the application for 
registration a preliminary examination is instituted to prevent 
duplication. The unauthorized use of a trade-mark is punish- 
able by fine. 



20 Trade Marks 



Canada. 

Terms of registration : General trade-marks, forever ; 
Specific trade-marks, twenty-five years, renewable. 

Registration is necessary to prove ownership. The law 
recognizes two kinds of trade- marks: General and Specific. 
A general trade- mark is one used in connection with the sale of 
various articles in which the proprietor deals. A specific 
trade-mark is one used in connection with a particular class of 
merchandise. General trade- marks are registrable forever, — 
specific trade-marks for a term of twenty-five years, but the 
latter term may be renewed for terms of twenty-five years in- 
definitely. An examination is made in the Patent Office upon 
application for registration to determine if the trade-mark 'has 
already been registered, and if it has, or if it is calculated to 
deceive or mislead the public, or does not contain the essen- 
tials of a trade-mark, registration is refused. If the mark is 
found to have been previously registered, the question of prior- 
ity will be referred to the Exchequer Court of Canada for deci- 
sion. Unlicensed use of a trade-mark is punishable by a fine 
of from $20 to $100, payable to the owner of the mark. 



Chili. 

Term of registration, ten years, renewable. 

Distinctive marks used to designate articles of manufac- 
ture or sale may be registered as trade-marks. The right of 
ownership in the mark is determined by registration. Trade- 
marks are registered without examination to determine if sim- 



Make Goods Easy to Call for 21 

ilar prior marks exist. Infringement of a registered trade -mark 
is punishable by fine or imprisonment. 

China. 

There are no trade-mark laws in China, but certain rights 
are obtained by publication. The Chinese government, how- 
ever, is disposed to protect the trade-marks of foreigners, and 
has given instructions to its Foreign Office to arrest and punish 
infringers of trade-mark rights. 

Costa Rica. 

Term of registration, fifteen years, renewable. 

Distinctive marks are registrable as trade- marks. The 
right of ownership in a mark is secured by registration. No 
preliminary examination to determine if the mark is new is 
made. The unauthorized use of a trade- mark is punishable by 
fine and imprisonment. 

Cuba. 

Term of registration not mentioned in the law. 

Any distinctive mark may be registered. Registration is 
granted to the first applicant, and is compulsory, the use of an 
unregistered trade-mark being prohibited by law. Unlawful use 
of a registered trade-mark is punishable by fine and imprison- 
ment. 



22 Trade Marks 



Denmarii,. 

Term of registration, ten years, renewable. 

Any distinctive mark may be registered, and ownership is 
dependent upon registration. The following are unregistrable : 
Marks consisting exclusively of numerals, letters or words not 
distinctive in form, and public arms or insignia. The protec- 
tion of trade-marks used by foreigners expires with the expira- 
tion of the protection in the country of origin. Registration 
may be set aside if it is shown to the proper tribunal that an- 
other person is entitled to the trade-mark. Infringement of 
trade-mark rights is punishable by fine and, upon repetition, by 
imprisonment. 

France. 

Term of registration, fifteen years, renewable. 

All distinctive marks, wrappings and all other indications 
serving to distingush the products of a manufacturer or the ar- 
ticles of a trade are registrable as trade-marks. The rights 
incident to adoption and use of a trade mark are recognized, 
but registration is necessary to secure the benefits of the law. 
No examination is made in the Patent Office to determine if 
other similar marks exist. Infringement is punishable by fine 
or imprisonment or both. 

Germany. 

Term of registration, ten years, renewable. 
Any distinctive mark may be registered with the exception 
of the following : Free marks ; marks which consist exclusively 



Confer a Qualified Monopoly 23 

of letters or numerals ; words containing indications of the 
mode, time or place of production, or of the quality, destination, 
price, quantity or weight of the merchandise ; and marks which 
contain the arms of German or foreign states, or those of a 
locality, parish or union of towns situated in the country. Reg- 
istration confers absolute ownership. A preliminary examination 
is made to determine if the mark has previously been regis- 
tered, and proceedings to set aside an erroneous registration 
may be had. The unlicensed use of a trade-mark is punish- 
able by fine or imprisonment, and goods imported into Ger- 
many unlawfully marked with a German trade-mark are sub- 
ject to seizure. 

Great "Britain. 

Term of registration, fourteen years, renewable. 

A trade-mark must contain at least one of the following 
essential particulars : (a) The name of an individual or firm 
printed, impressed or woven in some particular and distinctive 
manner; (b) a written signature of the individual or firm ap- 
plying for registration thereof as a trade-mark; (c) a distinc- 
tive device, mark, brand, heading, label or ticket; (d) an in- 
vented word or invented words; (e) a word having no reference 
to the character or quality of the goods and not being a geo- 
graphical name. Registration is considered the equivalent of 
public use of the trade-mark registered, and after five years 
from the date of registration the rights of the registrant in the 
mark are conclusively established. Articles of commerce and 
manufacture are divided into fifty classes, and a trade-mark 
must be registered in the class or classes containing the arti- 



24 Trade Marks 

cles to which it is desirable to apply the mark. Application 
for trade-mark protection is advertised for opposition, and if 
opposition is made the parties are permitted to present evidence 
from which their rights of priority are determined. Infringe- 
ment of trade-mark rights is punishable by fine or imprison- 
ment. 

Greece. 

Term of registration, ten years, renewable indefinitely for 
like periods, but terminable by the expiration of trade-mark pro- 
tection in any other country. 

Any distinguishing mark applied to manufactures, to arti- 
cles of commerce, to the products of agriculture, or to stock 
breeding are registrable as trade-marks. Registration is 
granted without preliminary examination, but is subject to re- 
cission if shown to be improper. Prior use of the mark for 
one year by the applicant is necessary to obtain registration. 
Infringement of trade-mark rights is punishable by fine or im- 
prisonment. 

Guatemala. 

Term of registration, ten years, renewable. 

Any distinguishing mark may be registered as a trade- 
mark, but marks used by the government, the form or color of 
the article, and terms or expressions in general use are not reg- 
istrable. Registration is necessary to obtain an exclusive own- 
ership. The application is advertised for opposition one month. 
Infringement is punishable by fine and imprisonment. 



Identify Advertisements and Goods 



25 



Holland. 

Term of registration, twenty years, renewable. 

Any distinguishing mark may be registered as a trade- 
mark. Ownership in the mark is acquired by the first user of 
it. Trade- marks are registered without preliminary examina- 
tion, and within six months from the publication of such regis- 
tration may be declared null and void at the instance of an- 
other person holding prior rights to the same, or substantially 
the same m.ark. The exclusive right to the mark is lost if the 
mark becomes public property in the country of its origin. The 
penalty for infringement is imprisonment or fine. 



Hungary. 

Term of registration, ten years, renewable. 

Any distinguishing mark may be registered as a trade- 
mark, and registration is necessary to obtain the exclusive 
right to its use. An examination is made to determine if 
the mark has been previously registered. If not registered in 
Austria within three months, registration will be canceled. The 
unlicensed use of a trade-mark is punishable by fine and im- 
prisonment. 

Italy. 

Term of registration, forever. 

Any distinguishing mark may be registered. No examina- 
tion is made to determine if a similar mark has previously 
been registered. Infringement is punishable by fine and im- 
prisonment. 



26 Trade Marks 



Japan. 

Term of registration, twenty years, renewable. 

Any mark is registrable as a trade-mark that serves to 
distinguish the products of an industry or articles of trade, ex- 
cepting a mark containing, or similar to the Imperial arms, the 
national flag, or a trade-mark previously registered by another. 
The first applicant is entitled to registration. A preliminary 
examination is made upon application for registration, and reg- 
istration may be annulled if the owner uses the mark in con- 
nection with false statements as to the origin or quality of the 
goods. Infringement of a registered trade-mark is punishable 
by fine or imprisonment, and confiscation of the trade-mark, 
or of the goods themselves, if the mark is inseparable therefrom. 

Mexico. 

The term of registration is forever, but the mark must be 
used or it is considered abandoned. 

Any mark indicating the origin of an industrial product 
may be registered as a trade-mark. Form, color, words and 
designations which do not serve to indicate the origin of the 
goods are not registrable. The first user is entitled to registra- 
tion, and registration is essential to legal ownership. No pre- 
liminary examination is made to determine the novelty of a 
trade-mark, but the application for registration is published for 
opposition. An improper registration may be canceled. The 
unlicensed use of a trade-mark is punishable by fine or impris- 
onment. 



Conserve the Force of Advertising 27 



Norway. 

The term of registration is ten years, renewable, but expires 
when registration ceases in the country of origin. 

Any distinctive mark indicating origin is registrable as a 
trade-mark, excepting marks consisting exclusively of numer- 
als, letters or words not distinctive in form. Registration is 
necessary to secure protection in a trade- mark. A preliminary 
examination is made to determine if a similar mark has been 
previously registered. Infringement of a registered trade-mark 
is punishable by fine or imprisonment. 

Veru. 

Term of registration, ten years, renewable. 

Any distinctive mark is registrable with the exception of 
marks used by the government, form, color and terms in gen- 
eral use. The right to the ownership and use of a trade-mark 
is dependent upon and determined by registration. Priority is 
determined by the date of application for registration. A pre- 
liminary examination is instituted to determine if the mark has 
already been adopted by others. Infringement is punishable 
by fine or imprisonment. 

VortugaU 

Term of registration, ten years, renewable. 
Any distinctive mark may be registered except as follows: 
Marks offensive to religion, and representations of officers of 



28 Trade Marks 

the government unless specially authorized. Registration is 
necessary to secure the exclusive right to a trade-mark. Pri- 
ority is determined by the date of filing the application for reg- 
istration. Registration is granted only after examination, and 
this registration may be set aside within one year after the date 
thereof upon a proper showing. The unlicensed use or simu- 
lation of a trade-mark is punishable by fine and imprisonment. 

Russia. 

Term of registration, ten years, renewable. 

Any distinguishing mark may be used as a trade-mark 
except marks in general use, and those composed entirely of 
figures, words and separate letters. Registration confers the 
exclusive right to use the mark for the specified term of regis- 
tration, but the right of the registrant may be contested at any 
time within three years after registration. A preliminary ex- 
amination is instituted by the Patent Office upon the filing of 
the application. Infringement is punishable by fine or impris- 
onment. 

Spain. 

The term of registration is forever. 

Any distinguishing mark relating to manufactures and arti- 
cles of commerce, agriculture or any other industry, maybe regis- 
tered. Designs intended for fabrics and papers, insignia, na- 
tional arms, religious pictures and portraits of living persons 
are excepted. The right to the exclusive use of a trade-mark 
is conditional on and determined by registration. Applications 



1 



Protect Trade 29 

for registration are subject to preliminary examination. The 
unlicensed use of a trade-mark is punishable by fine, and, upon 
failure to pay the fine, by imprisonment. 



Sweden. 

Term of registration, ten years, renewable. 

Any distinguishing mark may be registered excepting those 
composed wholly of figures, letters or words, not in arbitrary 
form, those containing, without permission, the name of a per- 
son other than the applicant, and those containing the public 
arms. Registration is essential to the protection of the trade- 
mark. Upon application for registration a preliminary exami- 
nation is instituted. Any unlawful application for registration, 
or the infringement of a registered trade-mark, is punishable 
by fine or imprisonment. 

* Switzerland. 

Term of registration, twenty years, renewable. 

Any distinguishing mark may be registered as a trade- 
mark except those containing the public arms and all other mat- 
ter considered as government property. Registration is essen- 
tial to exclusive ownership. Trade-marks are registered at the 
risk of the applicant, but the officials of the Patent Office will 
suggest if the mark is not considered new. Counterfeiting, 
usurpation or infringement of a trade-mark is punishable by 
fine or imprisonment. 



30 



Trade Marks 



Turkey. 

Term of registration, fifteen years, renewable. 

Any distinguishing mark is registrable. No preliminary 
examination is made to determine if the mark is registrable. 
Infringement is punishable by fine or imprisonment. 



\ 



Uruguay. 

Term of registration, ten years, renewable. 

Any distinguishing mark is registrable except those used 
by the government, the form or color of the product, and terms 
in general use. Registration is necessary to exclusive owner- 
ship, the first applicant becoming the legal owner of the mark. 
Infringement is punishable by fine or imprisonment. 



Venezuela. 

Term of registration, thirty years, renewable. 

Distinguishing marks are registrable, those containing 
only the name of a person, firm or corporation excepted. No 
preliminary examination is made by the government upon ap- 
plication for registration. Infringement is punishable by fine 
and imprisonment. 



May be Kept in Force Forever 31 

The International Convention for the 
Protection of Industrial "Property. 

The Union for the Protection of Industrial Property com- 
prises at the present time the following countries: Belgium, 
Brazil, Denmark, Dominican Republic, France, with Colonies, 
Great Britain, with New Zealand and Queensland, Holland, 
Italy, Japan, Norway, Portugal, Servia, Spain, Sweden, Swit- 
zerland, Tunis and the United States. Germany and Austria 
are not members of the Union, but are said to be about to 
apply for admission. 

Below are given some of the provisions of the Convention: 

1. The subjects or citizens of each of the contracting 
States shall, in all the other States of the Union, as regards 
patents and industrial designs or models, trade-marks or trade 
names, enjoy the advantages that their respective laws now 
grant or shall hereafter grant to their own subjects or citizens, 
consequently they shall have the same protection as the latter, 
and the same legal remedy against any infringement of their 
rights, provided they observe the formalities and conditions 
imposed on subjects and citizens by the internal legislation of 
each State. 

2. Any person who has duly applied for a patent, indus- 
trial design, model or trade-mark in any one of the contract- 
ing States shall enjoy, as regards registration in the other States 
and reserving the rights of third parties, a right of priority of 
twelve months for patents and four months for industrial designs 
and models and trade-marks. 



32 Trade Marks. 



3. Every trade-mark duly registered in the country of 
origin shall be admitted for registration and protected in the 
form originally registered in all the other countries of the Union. 
That country shall be deemed the country of origin where the 
applicant has his chief seat of business. Registration may be 
refused if the object for which it is solicited is considered con- 
trary to morality or public order. 

4. A trade name shall be protected in all the countries 
of the Union without necessity of registration, whether it form 
part or not of a trade-mark. 

5. All goods illegally bearing a trade-mark or trade 
name may be seized on importation into those States of the 
Union where this mark has a right to legal protection. In 
States whose legislation does not allow seizure on importation, 
this seizure may be replaced by prohibition of importation. 

(The United States tariff law now in force, provides that 
all articles of foreign manufacture such as are usually marked or 
labeled, or the package containing such articles, shall be plainly 
marked or stamped in legible English words, so as to indicate 
the country of their origin; and until so marked or labeled, such 
goods shall not be delivered to the importer.) 

In addition to the International Convention, there have 
been conventions and treaties relative to the protection of 
trade-marks, between the United States and the following 
countries: Austria- Hungary, Belgium, Brazil, Denmark, 
France, Germany, Great Britain, Holland, Italy. Japan, Russia, 
Servia, Spain and Switzerland. 



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